2012 -- S 2158

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LC00053

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO EDUCATION

     Introduced By: Senators DiPalma, Picard, Ottiano, Algiere, and Hodgson

     Date Introduced: January 18, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-13-2, 16-13-3, 16-13-6 and 16-13-8 of the General Laws in

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Chapter 16-13 entitled "Teachers' Tenure" are hereby amended to read as follows:

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     16-13-2. Annual contract basis -- Automatic continuation. -- (a) Teaching service

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shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall

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be deemed to be continuous unless the governing body of the schools shall notify the teacher in

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writing on or before March 1 June 1 that the contract for the ensuing year will not be renewed;

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provided, however, that a teacher, upon request, shall be furnished a statement of cause for

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dismissal or nonrenewal of his or her contract by the school committee; provided further, that

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whenever any contract is not renewed or the teacher is dismissed, the teacher shall be entitled to a

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hearing and appeal pursuant to the procedure set forth in section 16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of a dismissal or nonrenewal of a nontenured teacher pursuant

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to subsection (a) of this section.

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     16-13-3. Probationary period -- Tenure after probation. -- (a) Three (3) annual

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contracts within five (5) successive school years shall be considered evidence of satisfactory

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teaching and shall constitute a probationary period. Teachers who complete the probationary

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period shall be considered in continuous service and shall not be subject to annual renewal or

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nonrenewal of their contracts. No tenured teacher in continuous service shall be dismissed except

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for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the

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notice of the dismissal shall be given to the teacher, in writing, on or before March 1st June 1 of

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the school year immediately preceding the school year in which the dismissal is to become

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effective. The teacher shall be furnished with a complete statement of the cause(s) for the

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dismissal by the governing body of the school and shall be entitled to a hearing and appeal

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pursuant to the procedure set forth in section 16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a)

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of this section.

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      (c) Any teacher appointed to a position of principal, assistant principal, or vice principal

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within the school system in which the teacher has attained tenure shall, upon termination or

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resignation of the administrative position, be allowed to return to his or her former status as a

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tenured teacher within the system.

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     16-13-6. Suspension because of decrease in school population -- Seniority –

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Reinstatement. -- (a) A school board may, by reason of a substantial decrease of pupil

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population within its school system, suspend teachers in numbers necessitated by the decrease in

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pupil population; provided, however, that suspension of teachers shall be in the inverse order of

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their employment unless it is necessary to retain certain teachers of technical subjects whose

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places cannot be filled by teachers of earlier appointment; and, provided, further, that teachers

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that are suspended shall be reinstated in the inverse order of their suspension. No new

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appointments shall be made while there are available teachers so suspended.

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      (b) Notice of suspension under this section and section 16-13-5 shall be given, in

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writing, by the governing body of schools on or before March 1 June 1 notifying the teacher that

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his or her employment for the ensuing year shall be suspended, provided however, notice by that

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date need not be provided in the instance of an emergency performance related cause.

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     16-13-8. Continuity of tenure upon transfer. -- Any teacher in continuing service who

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voluntarily resigns and transfers to another community in Rhode Island without interrupting his

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or her professional career, shall be considered to remain under tenure unless the teacher is

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notified to the contrary, in writing, prior to March 1 June 1 of the second school year in which the

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teacher transfers.

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     SECTION 2. This act shall take effect upon passage.

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LC00053

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION

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     This act would extend the notification requirements regarding the dismissal, suspension

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or lay-off of teachers from March 1 to June 1.

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     This act would take effect upon passage.

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LC00053

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